[Federal Register Volume 88, Number 5 (Monday, January 9, 2023)]
[Notices]
[Pages 1184-1186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00148]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-873]


Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel 
From India: Final Results of Antidumping Duty Administrative Review; 
2020-2021

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
Tube Products of India, Ltd., a unit of Tube Investments of India 
Limited (collectively, TII) made sales of subject merchandise in the 
United States at prices below normal value during the period of review 
(POR) June 1, 2020, through May 31, 2021.

DATES: Applicable January 9, 2023.

FOR FURTHER INFORMATION CONTACT: Alexis Cherry or Samantha Kinney, AD/
CVD Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-0607 or (202) 
482-5305, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 7, 2022, Commerce published the preliminary results of the 
2020-2021 administrative review of the antidumping duty order on 
certain cold-drawn mechanical tubing of carbon and alloy steel (cold-
drawn mechanical tubing) from India, covering one producer/exporter, 
TII.\1\ For the events that occurred since Commerce published the 
Preliminary Results, see the Issues and Decision Memorandum.\2\ 
Commerce conducted this review in accordance with section 751(a)(1)(B) 
of the Tariff Act of 1930, as amended (the Act).
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    \1\ See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy 
Steel from India: Preliminary Results of Antidumping Duty 
Administrative Review; 2020-2021, 87 FR 40499 (July 7, 2022) 
(Preliminary Results), and accompanying Preliminary Decision 
Memorandum.
    \2\ See Memorandum, ``Certain Cold-Drawn Mechanical Tubing of 
Carbon and Alloy Steel from India: Issues and Decision Memorandum 
for the Final Results of Antidumping Duty Administrative Review; 
2020-2021,'' dated concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum).
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Scope of the Order 3
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    \3\ See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy 
Steel from the People's Republic of China, the Federal Republic of 
Germany, India, Italy, the Republic of Korea, and Switzerland: 
Antidumping Duty Orders; and Amended Final Determinations of Sales 
at Less Than Fair Value for the People's Republic of China and 
Switzerland, 83 FR 26962 (June 11, 2018) (Order).
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    The merchandise subject to the Order is cold-drawn mechanical 
tubing from India. The product is currently classified under the 
Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 
7304.31.3000, 7304.31.6050, 7304.51.1000, 7304.51.5005, 7304.51.5060, 
7306.30.5015, 7306.30.5020, and 7306.50.5030. Subject merchandise may 
also enter under 7306.30.1000 and 7306.50.1000. The HTSUS subheadings 
above are provided for convenience and customs purposes only. The 
written description of the scope of the Order is dispositive. A full 
description of the scope of the Order is contained in the Issues and 
Decision Memorandum.

[[Page 1185]]

Analysis of Comments Received

    All issues raised by parties in the case and rebuttal briefs are 
addressed in the Issues and Decision Memorandum. A list of the issues 
addressed in the Issues and Decision Memorandum is included in the 
appendix to this notice. The Issues and Decision Memorandum is a public 
document and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly at https://access.trade/gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on our analysis of the comments received and our verification 
findings, Commerce made certain revisions to the margin calculations 
for TII. The Issues and Decision Memorandum contains descriptions of 
these revisions.

Final Results of Review

    We determine that the following weighted-average dumping margin 
exists for the period June 1, 2020, through May 31, 2021:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Producer/exporter                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Tube Products of India, Ltd., a unit of Tube Investments of       16.80
 India Limited.............................................
------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed within five days 
of the date of publication of this notice to parties in this 
proceeding, in accordance with 19 CFR 351.224(b).

Assessment Rates

    Commerce has determined, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries in 
accordance with section 751(a)(2)(C) of the Act and 19 CFR 351.212(b). 
Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of this 
review in the Federal Register. If a timely summons is filed at the 
U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).
    Pursuant to 19 CFR 351.212(b)(1), where the respondent reported the 
entered value of its U.S. sales, we calculated importer-specific ad 
valorem duty assessment rates based on the ratio of the total amount of 
dumping calculated for the examined sales to the total entered value of 
the sales for which entered value was reported. Where the respondent 
did not report entered value, we calculated importer-specific per-unit 
duty assessment rates based on the ratio of the total amount of 
antidumping duties calculated for the examined sales to the total 
quantity of those sales. Where an importer-specific assessment rate is 
de minimis (i.e., less than 0.5 percent), the entries by that importer 
will be liquidated without regard to antidumping duties. To determine 
whether an importer-specific per-unit duty assessment rate is de 
minimis, we calculated an estimated entered value.
    Consistent with Commerce's clarification of its assessment 
practice, for entries of subject merchandise during the POR produced by 
TII for which it did not know the merchandise was destined for the 
United States, we will instruct CBP to liquidate unreviewed entries at 
the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction.\4\
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    \4\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of cold-drawn mechanical tubing from India entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of the final results as provided by section 751(a)(2) of 
the Act: (1) the cash deposit rate for TII will be equal to the 
weighted-average dumping margin established in the final results of the 
review; (2) for merchandise exported by producers or exporters not 
covered in this review but covered in a prior completed segment of the 
proceeding, the cash deposit rate will continue to be the company-
specific rate published in the completed segment for the most recent 
period; (3) if the exporter is not a firm covered in this review or the 
original less-than-fair-value (LTFV) investigation, but the producer 
is, then the cash deposit rate will be the rate established in the 
completed segment for the most recent period for the producer of the 
merchandise; (4) the cash deposit rate for all other producers or 
exporters will continue to be 5.87 percent, the all-others rate 
established in the LTFV investigation in this proceeding. \5\ These 
cash deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \5\ See Order, 83 FR at 26962, 26965.
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Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing duties 
prior to liquidation of the relevant entries during this POR. Failure 
to comply with this requirement could result in Commerce's presumption 
that reimbursement of antidumping and/or countervailing duties occurred 
and the subsequent assessment of double antidumping duties, and/or an 
increase in the amount of antidumping duties by the amount of the 
countervailing duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return or 
destruction of APO materials, or conversion to judicial protective 
order, is hereby requested. Failure to comply with the regulations and 
terms of an APO is a violation subject to sanction.

Notification to Interested Parties

    We are issuing and publishing these results of administrative 
review in accordance with sections 751(a)(1) and 777(i) of the Act, and 
19 CFR 351.221(b)(5).

    Dated: January 3, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes to the Preliminary Results
V. Discussion of the Issues
    Comment 1: Home Market (HM) Inland Freight
    Comment 2: U.S. Date of Shipment
    Comment 3: Sales Outside the POR
    Comment 4: Treatment of Other Verification Corrections

[[Page 1186]]

VI. Recommendation

[FR Doc. 2023-00148 Filed 1-6-23; 8:45 am]
BILLING CODE 3510-DS-P